Dan Roskis

Eversheds Sutherland (Paris)
Lawyer (Partner)

Dan Roskis is a Partner at Eversheds LLP. He is based in Paris. His practice focuses on antitrust and regulatory, at both French and EU levels. Prior to joining Eversheds in November 2008, Dan Roskis worked at Frehsfields Bruckhaus Deringer Paris in the Antitrust Competition and Trade group (1998-2005) and the at Debevoise Paris (2005-2008). He studied at the University of Paris I, where he received a DEA in French and European Business Law in 1996 and a PhD (thesis on Advertising Sponsorship) in 1998. Dan Roskis advises large, public as well as private, French and foreign companies, in respect of competition and distribution law, as well as in media - and energy -related matters. In this respect, Dan was seconded to Electricité de France (EdF) on a permanent basis for a nine-month period. Dan has developed a specialization in French and European competition law, particularly in respect of mergers (concentrations), concerted practices and agreements, and abuses of dominance. He teaches competition law to MBA’s students at HEC and contributes to antitrust reviews on a regular basis.

Linked authors

Kramer Levin Naftalis & Frankel (Paris)
Eversheds Sutherland (Paris)
Orrick, Herrington & Sutcliffe (Paris)
Eversheds Sutherland (Paris)


80082 Bulletin

Charlotte-Mai Doremus, Dan Roskis, Noëlle Lenoir The French Supreme Court questions allocation of costs in a predatory pricing Case (Vedettes inter-îles vendéennes)


1. Facts and ruling The Régie départementale des passages d’eau de la Vendée (RDPEV) is the provider of a public service : it operates year-round in any weather daily ferry services for passengers, cargo and vehicles between the mainland and l’île d’Yeu. For this purpose, RDPEV uses three vessels : (...)

Dan Roskis, Marie-Laure Combet, Noëlle Lenoir The Paris Court of Appeal confirms the possibility for a fragrance manufacturer to exclude pure players and to restrict internet sales within its selective distribution network (PMC Distribution / Pacific Création)


Facts and Ruling In the present case, the dispute arose between Pacific Creation, a fragrance manufacturer and retailer and PMC Distribution (PMC), a pure player which offers branded products exclusively on the Internet. In France, Pacific Creation‘s fragrances are retailed through a selective (...)

Dan Roskis, Marie-Laure Combet, Noëlle Lenoir The French NCA applies for the second time leniency and highlights discrepancy with EC competition law on concerted practices’ burden of proof ("Removals cartel")


Summary of the decision Following an investigation with dawn raids and seizures initiated further to a leniency application, the French Competition Council has sanctioned a horizontal cartel between twelve companies in the sector of national and international removals to and from France, (...)

Charlotte-Mai Doremus, Dan Roskis, Noëlle Lenoir The French Commercial Supreme Court partly annuls the Paris Court of Appeal’s judgment on illicit exchange of sensitive information in the mobile telephony cartel, thus strengthening the standard of proof (Bouygues Telecom SFR and Orange)


French Commercial Supreme Court [Cour de cassation (Chambre commerciale, financière et économique)], 29 June 2007, Bouygues Telecom, Orange, SFR, Cases n° U 07-10.303, Z 07-10.354 and W 07-10.397 Proceedings In its decision of November 25, 2005, the French Competition Council imposed record (...)

Charlotte-Mai Doremus, Dan Roskis, Noëlle Lenoir The Paris Court of Appeal receives the first application ever from the EU Commission acting as amicus curiae on the basis of Reg. N°1/2003 in a case concerning the application of the automotive block exemption (Garage Gremeau / Daimler Chrysler)


Facts and proceedings Garage Gremeau had been entrusted by Daimler Chrysler France with the distribution of Mercedes Benz motor vehicles in the Dijon area (Burgundy) since 1982. On the basis of the new Commission Regulation (EC) n° 1400/2002, of 31 July 2002, on the application of Article (...)

Charlotte-Mai Doremus, Dan Roskis, Noëlle Lenoir The French Administrative Supreme Court holds that aids to the daily press financed by a tax levied on advertising expenses affects trade between Member States and consequently amount to State aid (Auchan)


French Administrative Supreme Court (Conseil d’État, 8ème et 3ème sous-sections réunies), 21 December 2006, SA Auchan France, n°288562 Background and facts Article 23 of Law n° 97-1269 of 30 December 1997 () introduced a tax levied on certain advertising expenses (the Tax). The revenue of the Tax is (...)

Dan Roskis, Noëlle Lenoir The European Court of Justice rules that pharmaceutical laboratories liable to a tax on direct sales of medicines are entitled to claim the reimbursement of the tax where the exemption of wholesale distributors constitute an illegal State aid (Boiron)


Opinion of Advocate General Antonio Tizzano, 30 March 2006 EU Court of Justice, Laboratoires Boiron, Case C-526/04, 7 September 2006 In a preliminary ruling requested by the French Civil Supreme Court in the Boiron case, the ECJ rules that pharmaceutical laboratories liable to a tax on direct (...)

Charlotte-Mai Doremus, Dan Roskis, Noëlle Lenoir The French Administrative Supreme Court holds that aids financed by interprofessional contributions levied by a professional organization do not amount to State aid (Confédération paysanne)


French Supreme Administrative Court (Conseil d’État, 1ère et 6ème sous-sections réunies), 21 June 2006, Confédération paysanne, n° 271450 This case illustrates enforcement by national Courts of EC State aid rules. Pursuant to article 88(3) EC, national courts have jurisdiction to uphold the rights of (...)

Charlotte-Mai Doremus, Dan Roskis, Noëlle Lenoir The French supreme Court holds that the fact that competitors have found alternative solutions to avoid detrimental effects of price squeezing of the telco incumbent is irrelevant to establish an abuse under Art. 82 EC (ETNA / France Telecom-SFR)


Background When an individual makes a call from a landline to a mobile phone, the call is first directed through a landline network until interconnection with the mobile network. Then the landline operator is relayed by the mobile operator which directs the call to the addressee and (...)

Dan Roskis, Noëlle Lenoir The Paris Court of Appeal upholds the NCA decision fining a cartel in the public passenger urban transport market with reference to the EC Commission’s notice on effect on trade (Keolis - Connex - Transdev)


Background In a decision dated July 5, 2005 (See J.-P. de la Laurencie et M. Courtaigne-Op, The French Competition Authority fined three French major companies for implementing a cartel in the public passenger urban transport market, with potential appreciable effect on trade between Member (...)

Charlotte-Mai Doremus, Dan Roskis, Noëlle Lenoir The Paris Court of Appeal holds that Art. 81 EC does not apply to a hairdressing franchise national network and that the provided “clause d’agrément” does not amount to a hardcore restriction (Socovi/Jean-Louis David)


Background SARL SOCOVI, the franchisee, had entered into a franchising agreement with Jean Louis David SA, the franchisor, whereby the latter granted the former the right to run a franchise for the purposes of marketing hairdressing products and services. It included inter alia the right to (...)

Dan Roskis, Noëlle Lenoir The French Civil Supreme Court requested a preliminary ruling from the ECJ with regards to the implementation of the Ferring case law : Advocate General Tizzano supports the reimbursement of the tax on direct sales paid by French pharmaceutical laboratories (Boiron/ACOSS)


Background Law n° 97-1164, of 19 December 1997, on social security funding for 1998 set up a special 2.5 % tax payable only by pharmaceutical laboratories on sales of medicines made directly to pharmacies. Proceeds from the tax were aimed at financing the social security system. However, (...)

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